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HK Court confirms narrow scope of defence available to proprietors under the Factories and Industrial Undertakings Ordinance

In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal contractor (the “appellant”) involved in a fatal industrial accident. In this judgment, the Court held that......By: Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner | Oct 09,2020 |

SBA Issues Guidance on Treatment of PPP Loans in Mergers and Acquisitions

On October 2, 2020, the SBA issued guidance under a procedural notice (the “Notice”) providing information concerning the required procedures for changes of ownership of an entity that has received a Payroll Protection Program (“PPP”) loan (such entity, a “PPP Borrower”). Under the guidance, if a change of ownership occurs in a PPP Borrower, prior to closing the transaction causing the change of ownership the PPP Borrower is generally required to 1) complete a forgiveness application and ...
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Partridge Snow & Hahn LLP | Oct 08,2020 |

Snapchat This! That Little Green Card is Pretty Important Says One Court

We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax.  Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute....By: Burr & Forman
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Burr & Forman | Oct 08,2020 |

Sovereign Wealth Funds Update: A Buyers’ Opportunity – the European Market and Key Considerations for Distressed M&A Transactions

Economic turmoil as a result of political instability and from the coronavirus (COVID-19) pandemic, together with unallocated capital and low interest rates, means that non-core, but potentially profitable, operations or underperforming distressed assets are increasingly available across Europe....By: Morgan Lewis
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Morgan Lewis | Oct 08,2020 |

Proposed HSR Rule Changes to Increase Burdens, Especially for Asset Managers and Private Equity

The Hart-Scott-Rodino Act (HSR Act) is a procedural statute that requires parties to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) of proposed acquisitions that exceed certain thresholds. After submitting an HSR filing, the parties must observe a mandatory waiting period before completing the acquisition, giving the FTC and DOJ an opportunity to review the filing and determine whether the acquisition presents any substantive antitrust concerns.......By: Dechert LL...
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Dechert LLP | Oct 08,2020 |

Structuring M&A Agreements – Five Lessons from the Tiffany & Co. V. LVMH Affair

It was a whirlwind affair. The Manhattan socialite and the sophisticated Parisian. Tiffany & Co. (NYSE: “TIF”) and LVMH, Moët Hennessy Louis Vuitton SE (OTC: “LVMUY”), announced their engagement, via joint press release, on November 25, 2019 and set a date in 2020....By: Wyrick Robbins Yates & Ponton LLP
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Indoor Farming Start-Up To Go Public Following Merger With SPAC

SPAC transactions present an opportunity for accelerated growth in the AgTech industry, especially in capital-intensive businesses. On Tuesday, September 29, 2020, AppHarvest, a Kentucky-based indoor farming startup, announced that it would go public through a reverse merger with Novus Capital Corporation, a publicly traded special purpose acquisition company (SPAC) listed on the Nasdaq....By: Arent Fox
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Arent Fox | Oct 08,2020 |

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 pm EST

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract language, best practices for project documentation, the risks of unforseen site conditions, delays and lost productivity claims, and the design professional's standard of care - Strategies to address damage and claims - Tools to analyze, prepare for, and defend against claims for...
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Bricker & Eckler LLP | Oct 08,2020 |

Alert: CFIUS Final Rule Leverages Export Control Principles to Redefine Mandatory Filing Requirements

On September 15, 2020, the US Department of the Treasury issued a Final Rule comprising the latest regulation in an ongoing effort to reform the way the United States reviews and confronts the national security implications of foreign investments in US businesses. The Final Rule preserves many fundamental aspects of the preceding reforms but makes sweeping changes to the requirements for making mandatory disclosures to the US government prior to consummating certain types of foreign investments....
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Cooley LLP | Oct 08,2020 |

September 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition Regulations (FAR).... Originally published in Law360 - October 6, 2020....By: Morrison & Foerster LLP - Government
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